Section: Gypsy & Traveller Sites

Case Law Update

Liverpool CC v Doran [2009] EWCA Civ 146

Having received complaints of antisocial behaviour, the Council gave Mrs D Notice to Quit her plot on one of its gypsy and caravan sites.

Mrs D disputed the allegations but, on the Council's possession claim, the judge granted summary judgment for possession. He was satisfied that the factual dispute could be ventilated in deciding whether the Court should exercise its new powers to suspend such Orders (Caravan Sites Act 1968 section 4 as amended).

Mrs D appealed and argued that the making of the Order itself infringed her right to respect for her home (Article 8 Human Rights Act 1998 Schedule 1).

The Court of Appeal upheld the Possession Order. Mrs D's claim that the decision to seek her eviction was unreasonable was "unarguable".

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Swansea CC v Joyce [2009] EWHC (Ch) (Cardiff District Registry)

The Council claimed possession from the defendant and other gypsies who were occupying council owned or leased land on Swansea Industrial Park.

The defendant's defence was that the decision to bring the claim had been made in ignorance of a relevant fact - that the defendant had actually been authorised by a councillor to temporarily park a mobile home on the land in question.

She relied on her right to respect for her home under Article 8 of Schedule 1 to the Human Rights Act 1998 and "Gateway (b)" of the decision in Kay v Lambeth LBC.

The High Court was satisfied that the failure to advise the relevant committee of the temporary authorisation had meant that it had not taken a relevant matter into account and had produced a decision no reasonable council could have reached. The possession claim was dismissed.

Section: Gypsy & Traveller Sites

Case Law Update

Legal Update

Reporting on Feb-Apr 2009

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